IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.40731 OF 2018(S-CAT) C/W WRIT PETITION NO.19783 OF 2019(S-CAT) IN W.P. NO.40731 OF 2018 BETWEEN S K VERMA S/O M.P.VERMA, AGED ABOUT 50 YEARS, R/AT ADDRESS AT FLAT NO.3002 SBI OFFICERS SOCIETY, SECTOR 49D CHANDIGARH 160047 PRESENTLY POSTED AS ASSISTANT REGISTRAR CESTAT, 7TH FLOOR, BAMBOO VILLA, 169, AJC BOSE ROAD, KOLKATA-700014 (BY SRI NARAYANA BHAT M, ADVOCATE) AND 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001 ... PETITIONER 2. THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, REPRESENTED BY ITS REGISTRAR, WEST BLOCK 2, R.K.PURAM, NEW DELHI-110066 ... RESPONDENTS (BY SRI B PRAMOD, CGC FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 21.8.2018 MADE IN OA NO. 25/2009 VIDE ANNEX-H PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH M.A.230/2018 IS OPPOSED TO SEC 27 OF THE ADMINISTRATIVE TRIBUNALS ACT AND ALSO VIOLATIVE OF ART 14, 16 AND 21 OF THE CONSTITUTION AND IS WITHOUT THE AUTHORITY OF LAW AND ETC.
IN W.P. NO.19783 OF 2019 BETWEEN 1. UNION OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001 REP.BY:REVENUE SECRETARY.
2. THE CUSTOMS, EXCISE & SERVICE TAX CUSTOMS, EXCISE & SERVICE TAX, APPELLATE TRIBUNAL, WEST BLOCK 2, R.K.PURAM, NEW DELHI-110066.
REPRESENTED BY ITS REGISTRAR. (BY SRI B PRAMOD, CGC) ... PETITIONERS AND S K VERMA S/O M.P.VERMA, AGED 51 YEARS, ADDRESS AT FLAT NO.3002, SBI OFFICERS SOCIETY, SECTOR 49D, CHANDIGARH 160047, PRESENTLY POSTED AS ASSISTANT REGISTRAR, CESTAT, 7TH FLOOR, BAMBOO VILLA, 169, AJC BOSE ROAD, KOLKATTA-700014.
(BY SRI NARAYANA BHAT M, ADVOCATE) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.08.2018 [ANNEXURE-A] PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU IN MISC. APPLICATION NO.170/00230/2018 IN O.A.NO.25/2009 AS ILLEGAL, ARBITRARY AND UNTENABLE AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER These two petitions arise out of the order dated 21.08.2018, passed by the Central Administrative Tribunal, at Bangalore (hereinafter referred to as ‘the Tribunal’) in Original Application No.25/2009. It is necessary to observe here the order dated 21.08.2018 was passed on an Execution Application filed by the applicant and this is not an order passed on the Original Application.
2. Sri Narayana Bhat, learned counsel appearing for the petitioner in W.P.No.40731/2018 submits that the petitioner was kept under suspension and departmental enquiry was initiated for major misconduct. The petitioner challenged the order of suspension and charge sheet before the Central Administrative Tribunal, New Delhi, in O.A.No.3836/2013. The Tribunal set aside all the three impugned orders dated 25.09.2013, whereby the respondent-Union of India sought to order a fresh enquiry appointing new Enquiry Officer and new Presenting Officer. The order of the Tribunal, New Delhi, having been challenged before the Delhi High Court, the same met with dismissal and the SLP preferred before the Hon’ble Supreme Court also came to be dismissed. It is therefore, submitted by the learned counsel that it is in this background that the petitioner approached the CAT, Bengaluru, seeking execution/compliance of the order dated 26.08.2018 of the Tribunal in O.A.No.25/2009. The learned counsel would also submit that during the interregnum, the respondents proceeded to pass an order dated 26.12.2018 imposing punishment, contrary to the report submitted by the Enquiry Officer. The learned counsel submits that the petitioner has questioned the same before the CAT, Kolkata.
3. The petitioner in W.P.No.40731/2018 is also representing by another counsel in W.P.No.19783/2019. The learned counsel appearing for the petitioner (respondent in W.P.No.19783/2019) would submit that the respondents could not have passed an order in view of the fact that in the original report, the Enquiry Officer had exonerated the petitioner and the subsequent action of the respondents in trying to initiate fresh enquiry has been set aside by the CAT, New Delhi.
4. Sri B. Pramod, learned counsel appearing for the Union of India would submit that the impugned order passed by the Tribunal in O.A.No.25/2009 on the Execution Application has traveled beyond the scope of the application. Therefore, Union of India is before this Court questioning the same in W.P.No.19783/2019.
5. We have heard the learned counsels and perused the writ papers. Since it is an admitted fact that the Union of India has proceeded to pass an order on the enquiry report originally submitted and proceeded to impose punishment on the writ petitioner and the writ petitioner having questioned the same before the CAT, Kolkata, the impugned order passed by the Tribunal in the Execution Application, in O.A.No.25/2009, is of no consequence. By passing the impugned order, the Tribunal had suggested the respondents to consider and impose certain punishment in accordance with the Rules. Now that the respondents have already proceeded to impose the punishment and the petitioner having questioned the same before the CAT, Kolkata, the impugned order passed by the Tribunal will have no effect. Therefore, it becomes inconsequential. In view of the same, we proceed to dispose of both the writ petitions in the light of the observations made above. Consequently, the impugned order passed by the Tribunal in O.A.No.25/2009 in the Execution Application is hereby quashed and set aside. All contentions of the parties are kept open to be urged before the CAT, Kolkata.
SD/- JUDGE SD/- JUDGE KLY/